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History: Home UK Divorce Forum
UNFAIR? (2 Posts)
Started By:
19 October, 2009 10:43AM
jasper - 19 October, 2009 10:43AM
Hi All

I have just experienced a very bad divorce and just wanted your opinion on if this is fair - I have summarised the details:

Married for 22 years - marriage failed wife wanted nothing to do with me. I eventually left home and moved in with my new partner. I had quite a bit of debt in the marriage - most joint although some unsecured in my own name. Wife had legal aid - I paid private with help from my partner. Wife delayed in ALL dealings bumping my costs to well over £9500.

Went to court 3 times - finally was given the following:

House to be transferred into the wifes name
I have to continue to pay a mortgage and 2nd charge on the house together with child maintenance at over £1500 - I get paid £2000 a month.
All debts are believed to be mine by the judge
I have to continue paying until the child at home reaches 18 years and the loans for both mortgage and 2nd charge can be met and I pay for all legal fees and HIPS.
My wife to have full control of the house sale
My wife to keep all property in the house.
I was given £1.27 as my settlement
If the house is sold I have to pay £300 for her life.

My wife now lives with her new partner who was resident before my final hearing - evidence provided by both my children disgarded by the judge an 18 and 22 year old non resident.

My problem is now that there are many bad things that seem not to have been covered ie:

What if the house prices NEVER recover?
What if my wife decides not to sell as she could delay?
Who pays the mortgage following the 18th birthday whilst she delays?

I could not afford to go back to court to challenge this and I declared myself bankrupt in order that I had some cash to live on with my new partner. I would like to start my life but feel the judge got this wrong - was more than prepared to pay £800 ish - but £1500 seems wrong to me..... i would like to know if there is anyway that the order can be tightened up a bit to ensure that I do not have to continue paying this forever??
davidterry - 19 October, 2009 11:13AM
Paying 1,500 out of an income of 2,000 looks too steep to me but there is obviously important information missing from this post. For instance, it implies that the house will be sold and that you will share in the proceeds of sale. This would be common enough. A house is often transferred to a wife on the basis that when some event happens in the future (such as any children ceasing to be dependent) the house is sold and the net proceeds of sale divided in some proportion.

Bearing in mind the ages of the children it also looks as though this trigger event might be expected to happen soon. If that is the case then paying this large amount monthly might be for a relatively short time. I think we would need to know:-

1. Whether you have retained in interest in the property by way of charge and, if so, of what percentage,
2. What the trigger events for sale are and when they might be expected to happen and
3. What the net proceeds of sale are likely to be when the property is sold, what the size of the mortgage is and what the value of the house is (just approximately).

This information would help make more sense of your questions.
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